DENIED???? CASE SENT TO NATIONAL CENTER????

[meddykomp 0]

I am sorry to hear of this. I do not have any advice except to maybe get an attorney? Hopefully, someone else can respond to your post.

Hang in there and good luck.

Mary

An attorney is probably a really good idea. In your case it seems it would solve 2 issues. One you need to get this case reopened and approved. Two it seems you have a mail issue (I completely understand this as I have dealt with this in other issues. I have an immigration caseworker. Correspondance from USCIS gets sent to both her and to me. Seems improbable if they are sending 2 copies to 2 different addresses that neither would get delivered.

[grouchy 0]

Since from our experience, MTR granted in 7 weeks, don't refile. I think people were re-filing back when MTR's were taking a year to adjudicate and they didn't want to accumulate unlawful presence days. But if it's a matter of weeks it shouldnt be an issue.

When denials are issued, the case file is sent to a place where closed files are stored and when a motion to reopen is made, they have to call up the file from the storage place and work on it

This is what happened to us. Unfortunatly the USCIS is full of red tape like this, and it can take forever to get the simplest thing done. I filed a motion to reopen in early December, we received an interview notice mid-February, and the case was 'officially' reopened and approved on the day of our interview, March 23rd. Unfortunatly, because the biometrics haven't been done yet, this probably won't happen with your case.

-ditto, there's one case here like yours and she was able to get a letter from the post office/postman that she didn't received the mail that's a proof it's not your fault. I'm sorry this is so sad.

We did this too, and it worked like a charm. I would strongly recommend getting your local representative involved. Our congressman's office was very helpful when we had problems.

[katherineOdemru 0]

Again, Thanks. What of the work permit. It will expire in May and the MTR has not yet been approved. Work like what he has will not come a second time. Does he continue to work until the company ask for a updated status or should he just stop working on his own.

Edited April 8, 2006 by katherineOdemru

[iceyspots 0]

Again, Thanks. What of the work permit. It will expire in May and the MTR has not yet been approved. Work like what he has will not come a second time. Does he continue to work until the company ask for a updated status or should he just stop working on his own.

Since right now the AOS is technically denied, he must stop working... Don't let them use that as an excuse to deny another one!

[chiggins 0]

Since right now the AOS is technically denied, he must stop working... Don't let them use that as an excuse to deny another one!

This is correct - Since your AOS is technically denied, the EAD is invalid. It will become valid again once the MTR is approved. You cannot apply for an EAD renewal until your MTR is approved - they'll just deny it. I had this happen - when I applied, I was not aware that my AOS case had been denied, so the EAD application was also denied.

To be honest, even if your MTR got approved today, the chances of the EAD application getting approved before the end of May is fairly unlikely. It's harsh, I know - I've been out of work for nearly 4 months now and only just received my green card (and therefor employment authorization) 2 weeks ago.

[Autumnal 25]

The EAD is no longer good if your AOS was denied. It means that the recipient has lost the right to work because the EAD was granted on the grounds of an AOS application in process. Your MTR needs to be okayed before the EAD can be applied for again, and that in between period may be harsh and tight on the two of you, but you'll make it through.